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200405743 2. Delivery of the Leases. All Leases currently in effect with respect to the Premises have been delivered to Assignee, are in full force and effect as of the date of this Assignment and neither Assignor nor any tenant is in default thereunder. Assignor shall not make any subsequent agreement for the lease of the Premises or any part thereof except in the ordinary course of business in accordance with the provisions of the Deed of Trust. All such subsequent Leases shall be subject to the prior written approval of Assignee, which approval shall not be unreasonably withheld, in accordance with the provisions of the Deed of Trust. 3. No Modification of the Leases. Without the prior written consent of Assignee, which consent shall not be unreasonably withheld, Assignor shall not: A. Cancel, terminate or accept any surrender of the Leases; B. Accept any prepayments for more than thirty (30) days of installments of rent under any of the Leases; C. Modify or abridge any of the terms, covenants and conditions of any of the Leases so as to reduce the terms thereof or the rental payments thereunder; or D. Change any renewal privileges contained in any of the Leases. 4. Representations and Warranties. Assignor represents and warrants that: A. Assignor has not previously sold, assigned, transferred, mortgaged or pledged the Leases or the Rents, whether now due or hereafter to become due; B. The Rents now due or to become due for any periods subsequent to the date hereof have not been collected and payment thereof has not been anticipated for a period of more than one (1) month in advance, waived or released, discounted, set off or otherwise discharged or compromised except as set forth in the Leases; C. It has not received any funds or deposits from any tenant for which credit has not already been made on account of accrued income other than the security deposits provided for in the Leases; D. It has not received any bona fide and acceptable offer to purchase the Premises or any part thereof which would in any way affect any right of option of first refusal to purchase all or any portion of the Premises now contained in any Lease; and E. It has not done anything which might prevent Assignee from or limit Assignee in operating under or enforcing any of the provisions hereof. Assignor shall act in good faith to enforce or secure the performance of each and every obligation, covenant, condition and agreement to be performed by any tenants under all the Leases. 132852.d-